Transaction Search Form: please type in any of the fields below.
Date: April 29, 2024 Mon
Time: 9:09 pm
Time: 9:09 pm
Results for justice systems
2 results foundAuthor: International Crisis Group Title: Transitional Justice and Colombia's Peace Talks Summary: In its latest report, Transitional Justice and Colombia's Peace Talks, the International Crisis Group proposes a model for transitional justice in the context of the promising negotiations between the administration of President Juan Manuel Santos and the Revolutionary Armed Forces of Colombia (FARC) to end decades of civil conflict. This requires that both sides confront highly sensitive issues, but a comprehensive transitional justice agreement is key to the ultimate acceptance of a peace accord by the courts, the Congress, and the Colombian people. The report's major findings and recommendations are: - Any viable transitional justice agreement will need to be acceptable well beyond just the two parties. Finding common ground among guerrillas, the government, critics of the peace talks, victims and a public largely unsympathetic to FARC would be difficult at the best of times. It will be even harder on the cusp of the 2014 electoral cycle, in which transitional justice is likely to be an explosive issue. But with courts, Congress and voters all having important roles to play in ratifying and implementing transitional justice measures, both parties have a strong incentive to agree on a deal that goes beyond their own narrow preferences. - Justice for victims of all the parties to the conflict, including the victims of state agents, is an essential part of any viable transitional justice regime. The core of Colombia's obligations under international human rights law must be respected. Responsibility for crimes should be addressed through a three-layered scheme: prosecution and punishment of those most responsible, from both sides, for the most serious crimes; an amnesty for FARC's political crimes; and an administrative procedure for FARC members not in the first two categories. Alongside these measures, the negotiating parties need to agree on the basics for a strong, inclusive and independent truth commission, renew the commitment to comprehensive reparations and set out a plan for guarantees that the abuses of the past will not be repeated. - The parties should not attempt to spell out every aspect of such a comprehensive transitional justice model themselves. Details should be left to implementing legislation. But negotiators must lay out credible and clear basic provisions to ensure victims' rights are upheld, create legal certainty for FARC members and foster the social support that can prevent a transitional justice regime - and the prospects for lasting peace - from unravelling in political and legal disputes. Details: Brussels: International Crisis Group, 2013. 63p. Source: Internet Resource: Latin America Report No. 49: Accessed May 27, 2015 at: http://www.crisisgroup.org/~/media/Files/latin-america/colombia/049-transitional-justice-and-colombia-s-peace-talks Year: 2013 Country: Colombia URL: http://www.crisisgroup.org/~/media/Files/latin-america/colombia/049-transitional-justice-and-colombia-s-peace-talks Shelf Number: 129822 Keywords: Justice ReformJustice SystemsTransitional Justice |
Author: Ursu, Anca-Elena Title: Between ideals and needs: is Malian customary justice incompatible with international human rights standards? Summary: Providing access to justice is a fundamental component of any functioning legal system and enabling such access is a state obligation under international human rights law. In the case of Mali, where the state has never been the primary justice provider, customary justice mechanisms are central to the provision of justice for the majority of the population. However, some policy debates juxtapose oversimplified pictures of customary justice systems with the ideals of Western justice systems. This brief will argue that efforts to improve access to justice should not be driven by assumptions that customary justice systems are incompatible with international human rights standards. These efforts should rather be led by the needs of local communities and individuals and aimed at addressing the challenges faced by customary justice systems. The brief makes recommendations for policy makers and practitioners who aspire to support customary systems in overcoming their weaknesses and to remedy the profound need for justice in Mali. Details: The Hague: Clingendael (the Netherlands Institute of International Relations), 2018. 10p. Source: Internet Resource: CRU Policy Brief, 2018. https://www.clingendael.org/sites/default/files/2018-04/PB_Malian_customary_justice_international_human_rights_standards.pdf Year: 2018 Country: Mali URL: https://www.clingendael.org/sites/default/files/2018-04/PB_Malian_customary_justice_international_human_rights_standards.pdf Shelf Number: 149815 Keywords: Customary Justice Human Rights Justice SystemsLegal Systems |